Capolupo v Central Coast Council [2019] NSWLEC 1231

Land and Environment Court New South Wales

Medium Neutral Citation: Capolupo v Central Coast Council [2019] NSWLEC 1231 Hearing dates: Conciliation conference on 10 April 2019; 2 and 14 May 2019 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: (1) Leave is granted to the Applicants to rely on the amended architectural, landscaping and engineering plans referred to in condition 1 of Annexure "A". (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a consequence of the amendment to the development application filed in the proceedings in such sum as is agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted in respect to DA 160/2018 lodged on 16 February 2018 for the demolition and removal of existing structures and the construction of residential flat building over basement car-parking upon the land known as 15A – 21 Ashton Avenue at The Entrance subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Texts Cited: Wyong Local Environment Plan 2013 Category: Principal judgment Parties: Lou Capolupo (Applicant) Central Coast Council (Respondent) Representation: Solicitors: D Briggs, D G Briggs and Associates (Applicant) M Everingham, Central Coast Council (Respondent) File Number(s): 2018/270943 Publication restriction: No